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(영문) 대전고등법원(청주) 2019.06.12 2018누1450
허가취소 및 처리명령 처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Quotation of the first instance judgment

A. The grounds alleged by the plaintiff in this court while filing an appeal are not significantly different from the contents alleged by the plaintiff in the first instance court, and even if all the evidence presented to the first instance court and this court are examined, the plaintiff's assertion is rejected, and the fact-finding and decision of the first instance court dismissing the claim

[B] In light of the detailed statement of the Plaintiff’s former and current related persons as identified in the evidence Nos. 4, 10, 13, and 14 (including virtual numbers), the circumstances presented by the Plaintiff or the evidence presented by the Plaintiff alone are low in the credibility of the contents of the statement by E or J, or it is difficult to recognize the goods brought in by the Plaintiff as a type fuel rather than a waste, and there is no other evidence to acknowledge it.

Meanwhile, the Plaintiff consistently asserts to the effect that “No person has been engaged in the waste treatment business during the period of business suspension,” it is also alleged in this court that “this case’s disposition is an abuse of discretionary power.”

In May 9, 2019, Plaintiff’s brief No. 15 of the Plaintiff’s legal brief refers to the Plaintiff’s assertion of abuse of discretionary power, however, it seems contradictory to the Plaintiff’s assertion in that it ought to be premised on the Plaintiff’s violation of laws and regulations.

Furthermore, apart from these points, Article 27 (1) 5 of the Wastes Control Act provides, “Administrative agencies shall cancel the permission where the waste disposal business entity performs a business during the period of suspension of business,” and Article 39-3 of the same Act provides, “Where an administrative agency orders the waste disposal business entity to cancel the permission under Article 27, it shall order the waste disposal business entity or the person who reported the disposal of wastes to dispose of wastes within a specified period.” Thus, the administrative agency is at discretion to decide whether to cancel the permission or to issue the disposal order.

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